DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI PERSPEKTIF MAṢLAḤAH MURSALAH DAN PRINSIP CHECK AND BALANCES

AINUL BADRI, S.H., NIM. 18203010123 (2021) DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI PERSPEKTIF MAṢLAḤAH MURSALAH DAN PRINSIP CHECK AND BALANCES. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research is motivated by a shift in the Corruption Eradication Commission (KPK) as an institution that plays an important role in preventing corruption, due to various obstacles in carrying out its duties, namely terror against KPK employees, KPK obtaining inquiry rights from the House of Representatives (DPR). Until the KPK Bill is passed into law. The ratification of the Corruption Eradication Commission law has led to many debates whether the KPK law strengthens or weakens it. There are several points in the KPK law number 19 of 2019, namely: first, the position of the KPK institution. Second, termination of investigation and prosecution. Third, the wiretapping rules. Fourth, KPK officials have the status of State Civil Apparatus (ASN), and fifth, formation of the Supervisory Board. Based on several points in Law Number 19 of 2019 that have received a lot of attention is the establishment of the Supervisory Board. The formation of the Supervisory Board is suspected of being able to damage the independence of the KPK and will hinder the performance of the KPK. The KPK Supervisory Board is feared to become a place for bringing in “entrusted” people. This studi aims to identify and analyze: First, to explain and examine the principle of checks and balances in the Supervisory Board's supervision of the KPK. Second, to explain the views of maṣlaḥah mursalah on the formation of the KPK Supervisory Board. The type of this research is library research with a normative-juridical approach, by examining theories, concepts, and legislation related to research. This research is descriptive-analytical. The types of data used are primary and secondary data. Data collection techniques that include primary and secondary legal materials through literature. This research is analyzed using the theory of checks and balances and maṣlaḥah mursalah. The results of this research show that the formation of the KPK Supervisory Board is in accordance with the principle of checks and balances, namely that every state institution must control each other. The existence of the KPK aims to protect the KPK from abuse of power and to realize effectiveness and efficiency, even though there are people who reject the formation of the KPK Supervisory Board, deemed to have violated the rights of the KPK as an independent institution. However, the formation of the Supervisory Board was not to weaken the KPK but the KPK remained independent in its duties. Then, in the perspective of maṣlaḥah mursalah the formation of the Supervisory Board to supervise the KPK in order to avoid violations, this is in accordance with maṣlaḥah mursalah which aims to benefit. The existence of the Supervisory Board is also in accordance with the Islamic goal of ordering goodness and preventing evil (amar ma’ruf nahi mungkar).

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